Duke  University  Libraries 

A  bill  to  provl 
Conf  Pam  #249 

DITDEaSMEX 


.[SECRET  .] 

[Ho USB  OP  Rbpreskntativb?i,  No.  5(')1.] 

HOUSE  OF  REPRESENTATIVES,  January  30,  1865.— Head 
first  and  second  times,  made  special  order  after  pendiuf^  special 
order  and  ordered  to  be  printed. 

[By  Mr.  Clarke 


A     BILL 

To  provide  for  the  eatabllshment  of  a  Kareau  for  Special 

and   Srcrf'l    SpiVut'. 

1  Whereas,  Tliere  is  nov/  nu  oUkumil  sy.^siem  lor  the  encourage- 

2  inent,  development  or  application  of  now    inventions  or  secret 

3  agencies    for    the  defence  of  the  country :  and  whereas,  It  hixs 

4  l)een  shown  tliat,  by  individual  cx'.M'tion  and  private  enterprise, 

5  many  useful  inventions  have  been  made  which  would  be  greatly 

6  btneficial  to  the  common  defence,   were  they  regularly  and  sys- 

7  tematically  a'pplied  ;  arid  whereas,  There  is  no  v  no  department, 

8  authorized  under  existing  laws,  to  experiment  upon  and  reduce 

9  to  system  the  operation  of  new  and  destructive  modes  of  war- 

10  fare,  or  for  the  efficient  direction  of  secret  agencies,  and  to  pro- 

11  vide  for  the  perfection  and  application  of  the  same  : 

1  The    Congress  of  the   Confederate   States  of  .America  do  enact, 

2  That  a   bureau,    in   connectior,  with  the  War  Department,  for 

3  the    examination,  experiment  and  application  of  warlike  inven- 

4  tions  and  di  rection  of  secret  agencies  is  hereby  established,  to 


2 

5  consist  of  one  chief  of  1  mi  can  ami  a  lioaid  of  examiners,  to  con- 

6  sist  of  three  members,  to  ho  composed  of  competent,  scientific 

7  and  mechaBical  persons,  wliose  attainments  or  experience   may 

8  qiialifj  them  for  the  duty.     The  rank  of  the  chief  of  bureau  and 

9  of  the  board  of  examining  officers  to  be  determined  by  the  Pres- 
10  ident,  who  may  assign  officers  now  in  service  to  those  duties,  or 

11  make  origiral  appointments,  as  he  may  deem  best. 

1  Sec.  2.  It  shall  be  the  duty  of  the  bureau  hereby  organized, 

2  to  examine  all  inrentions,  plans  and  enterprises  which  maybe  of 

3  value  in  offensive  or  defensive  warfare,  and  to  cause  to  be  test- 

4  ed,  by  actual  experiment,  such  as  may  require  it,  and  are  so  far 

5  approved  by  the  President  or  board  of  examining  officers,  as  to 

6  warrant  the  expenditure  for  such  practical  test ;  and  whenever 

7  any  invention,  plan  or  enterprise  shall  have  been  so  examined 
S  or  approved,  it  shall  be  the  duty  of  the  bureau  to  provide  for 
9  its  efficient  application  ;  and  for  that  purpose  it  shall  have  power 

10  and  authority  to  make  all  necessary  contracts  for  the  construc- 

11  tion  or  purchase  of  all  necessary  devices,  materials  and  imple- 

12  ments  ;  and  it  shall  be  the  duty  of  all  other  departments  and  bu- 

13  reaus  to  answer  all  requisitions  upon  them,  by  the  proper  offi- 

14  cers  of  the  bureau  of  secret  service,  when  it  can  be  done  with- 

15  out  serious  detriment  to  other  branches  of  the  public  servicej 

16  and  to  employ  agents  and  experts  in  like  manner  as  other  dcpart- 

17  ments  and  bureaus  ©f  the  government ;  and  the  forms  and  regu- 


3 

18  latioiia  of  the  engineer  bureau,  not  inapplicable,  shall  be  those 

19  to  be  observed  and  conformed  to  by  this  bureau. 

1  Sec.  3.     It  shall  be  the  duty  of  the  board  of  examining  offi- 

2  cers,  who  shall  be  under  the  orders  of  the  chief  of  bureau,  to 

3  examine  and  ascertain  the  merit  and  practicability  of  such  in- 

4  ventions,  plans  and  secret  enterprises,  as  may  be  submitted,  as 

5  specified  in  the  second  section,  and  to  decide  upon  the  qualifica- 

6  tions  of  candidates  for  appointments,  and  the  decision  of  a  ma- 

7  jority  of  their  number  shall  determine  the  adoption  or  rejection, 

8  subject  to  the  approval  of  the  President,  if  disapproved  by  the 

9  chief  of  the  bureau  ;  and  the  chief  of  the  bureau  will  appoint  the 

10  proper  persons  and  give  the  necessary  orders  for  carrying  into 

11  eflfect  the  provisions  of  this  section.     It  is,   however, /wr^Aer 

12  Provided,  That  the  President  shall  have  the  power  to  direct  the 

13  chief  of  bureau  to   carry  into  effect  any  plan  or  enterprise,  or 

14  secret  service,  which  he  may  approve,  and  to  apply,  if  necessary, 

15  any  of  the  secret  service  funds  heretofore  appropriated,  or  which 

16  may  be  hereafter  appropriated,  for  defraying  the  necessary  ex- 

17  penditures  for  carryiag  such  plan  or  service  into  effect. 

1  Sec.  4.     The  chief  of  bureau  shall  have  discretionary  power, 

2  subject  to  the  approval  of  the  President,  when  the  service  is  un- 

3  usually  important,  to  employ  secret  agents  for  service  either  in 

4  the  Confederate  States,  or   within    the  enemy's  lines,  or  in  any 

5  foreign  country  ;  and    for  this  purpose  is  empowered,  with  the 


4 

fi  approval  of  the  President,  to  n>ake  use  of  any  fund  hereafter 

7  appropriated,  and,  if  necessary,  to  drav/  upon  the  secret  service 

8  fund  already  appropriated,  to  defray  the  expenses  of  such  ser- 

9  vice ;  and  he  is  al»o  authorized  to  organize  such  a  system  for  the 

10  application  of  the  ne^v  means  of  warfare  approved,  and  of  secret 

11  service  agencies,  as  may  tend  best  to  secure  the  objects  of  the 

12  establishment  of  the  bureau  herein  provided  for. 

1  Sec.  5.     There  shall   be  organized,  under,  and  in  connection 

2  with  this  bureau,  a  polytechnic  corps,    to  consist  of  one  chief  of 

3  corps,  with  the  necessary  number  of  commanders,  captains,  first 

4  lieutenants  and  second  lieutenants,  to  be  appointed  by  the  Pre- 

5  sident,  by  and  with  the  advice  and  consent  of  the  Senate,  or  to 

6  be  assigned  by  hira,  and  such  number  and   grades  of  nou-com- 

7  missioned  officers  and  men  as  may    be  necessary  for  the  perfec- 

8  tion  and  application  of  such  plans  and  enterprises  as  may  be  ap- 

9  proved,  whose  rations  and  pay  shall    l>e  the  same  as  in  the  cor- 

10  responding    grades  of  tlia  engineer  corps;  and  who  shall    be 

11  under  the  control  and  act  under  tlie  orders  of  the  chief  of  bu- 

12  reau,  who  shall  receive  his  orders  from  and  be  under  the  control 

13  and  direction  of  the  President. 

1  Sec  G.     The  officers   and  men  of  this  corps   shall  be  assigned 

2  and  detailed  from  other  branches  of  service,  upon  the  requisi- 

3  tion  of  the  chief  of  bureau,  Trhen  this  may  be  done  \rithout  seri- 

4  ous  detriment  to  the  service  to  which  they  belong,  or  recruited 

5  in  like  manner  as  for  other  branches  of  the  military  or  naval  ser- 
G  vice,  reference  l)eing  had    in  the  assignment,  detail  or  recruit- 


7  ing  of  men,  to  their  fitness  for  the  particular  service  for  which 

8  they  are  assigned.     Provided,  that  the  number  of  commissioned 

9  officers  of  all  grades  assigned,  fit  for  duty  in  other  branches  of 

10  serrice,   shall  not  exceed  twenty,  and  that  the  appointments  of 

11  officers  from  among   persons  now  engaged  in  this  service,  and 

12  from  those  not  liable  to,  or  who  are  unfit  for  active  field  duty, 

13  shall  not  exceed  a  corresponding  number;  and  that  the  number 

14  of  non-commissioned  officers  aud  men  assigned  from  other  ser- 

15  rice,   or   from   those  liable  to  field  duty,  shall  not  exceed  two 

16  hundred.       This  provision,  kowever,  shall  not  be  construed  to 

17  prevent  the  temporary  detail  of  men  to  this  service,  when  deem- 

1 8  ei  necessary  by  commanders  of  departments ;  nor  to  prevent  the 

19  increase  of  the  corps  of  noncommissioned   officers  and  men  by 

20  the  recroiting  and  employment  of  those  not  liable  or  equal  to 

21  field  duty,  or  of  persons  outside  of  the  limits  of  the  Confedcr- 
22  ate  States. 

1  Sec  7.     The  chief  of  bureau  shall  be,  and  is  hereby  authorized 

2  to  make  such  contracts  for  the  purchase  of,  or  right  to  use,  any 

3  patented  invention  applicable  to  and  valuable  in  this  branch  of 

4  service,  or  to  the  Confederate  States :  Provided,  That  such  con- 

5  tract  or  purchase  shall  be  subject  to  the  approval  of  the  Presi- 
C  dent  or  board  of  examining  officers,  and  that  in  the  case  of  such 

7  inventions  as  are  intended  to  receive  the  benefits  of  the  Act  of 

8  Congress,    approved   Aj»ril  21st,  1862,  giving  one-half  of  the 

9  armed  vessels  of  the  enemy   which   may  be  destroyed   by  any 

10  new  invention  or  contrivance,  or  the  benefit  of  any  Act  which 

1 1  may  hereafter  be  passed,  giving  compensation  for  the  destruction 

12  of  property  of  the   enemy  in  similar  cases,  the  cost  of  the  con- 

13  struction  and  application  of  such   invention  or  contrivance  in- 

14  currod  by  tlio   government^  shall  be  deducted  from  the  amount 


6 

lo  authorized  to  be  paid  under  said    Act,  or   as  authorized  under 

16  this  Act. 

1  Sec.  8.     The  bureau  is  hereby  authorized  to  employ  such  clerks 

2  draughtsmen  and  others,  unfit  for  field  duty,  as  may  be  necessary 

3  for  the  basiness  of  the  bureau,  with  the  same  pay  as  is  received 

4  by  like  employees  of  the  engineer  bireau,   and  to  make  such 

5  other  incidental  disbursements  as  may  be  necessary  to  carry  in- 

6  to  effect  the  objects  of  this  Act ;  and  the  officers  and  men  and 

7  employees  shall  haTc   the  same   rights  and   immunities  and  bo 

0  subject  to  the  same  penalties  as  those  of  other  branches  of  ser- 
9  vice  in  the  army  of  the  Confederate  States. 

1  Sec.  9.     The  companies  and  parties  now  irregularly  organized 

2  for  the  application  of  submerged  or  other  defences,  and  known 

3  as  lorpedo  corps,  and  for  the  construction  and  use  of  new  war- 

4  like  inventions  or  for  secret  service,  shall  be  incorporated  into 

5  and  form  a  part  of  the  organizatioa   contemplated  by  this  Act : 

6  Provided,  That  in  such  incorporation,  the  terms  and  conditions 

7  of  persons  heretofore  organizing  or  joining  such  organizations 

8  shall  not  be    invalidated  thereby  :     Provided  further,  That  no 

9  person  shall   be  exempted  from   military   service  by  reason  of 

10  being  a  member  of  any   such  organization,  unless  his  personal 

11  services  are  engaged  ift  its  duties. 

1  Sec.  lO.     The  valuation  of  public  property,  transportation,  arms 

2  and  munitions  of  war  of  the   enemy    destroyed,  and  for  which 

3  compensation  is  provided    in  the  Acts  approved  April  21, 1862, 

4  or  which  may  be  provided  in  any  Act  which  may  hereafter  be 

5  passed,  giving  compensation  in  like  cases,  shall  be  made  ]>y  the 


7 

f)  board  of  examining  officers,   sulvjcct  to    the   approval    of  the 

7  President,  and  their  award  ho  immediately  paid  tathe  claimants 

8  whose  claims  are  approved;  and  the  examining  officers  shall  take 

9  evidence  as  to  the    originality   and    priority   of  inventions,  in 

10  cases  of  claims  for   compensation,  and  also  as  to  the  claims  of 

11  different   parties   claiming  the   bounty    for  the  same  work  per- 

12  formed,  the  claimant   being  allowed  a   reasonable  time  to  pro- 

13  duce  his  evidence,  and  examination  and  valuation  by  experts  be- 

14  ing  authorized  when  necessary,  and  the    decision  and  award  of 

15  the    examining   board,  when  asked   by  the  claimants,  shall  be 

16  final  and  binding  ;  and  should  it  apj(»ear  from  the  testimony  that 
IT  the  parties  using   any  particular  invention   or  device,  in  whole 

18  or  in  part,  were  not   the   original   inventors,   a  portion   of  the 

19  award,  to  be  determined  by  the   board    cf  examining  officers, 

20  sliall  be  made  to  the  party  who  shall  prove  his  priority  to  the  in- 

21  vention  ;  which  rule   shall  also  apply  when  an  old  invention  is 

22  successfully  adapted  to   a  new  and   valuable  use.    And  for  the 

23  destruction  of  other  property  in  the  enemy's   country,  where 

24  goch  destruction  shall  be   considered   serviceable  to  the   cause 

25  of  the  Confederate  States,  such  compensation  for  the    service 

26  shall  be  allowed  as  may  be  adjudged  equitable  and  just. 

1  Sec.  11.     When  it  shall  be  proven  to  the  satisfactioB  of  the 

2  board  of  examining  officers,  by  the  evidence  of  patents  or  other- 

3  wise,  that  the  right  of  priority  or  ownership  of  any  patented  in- 

4  venlion  is  rightfully  possessed,  and  the  government  has  appro- 

5  priated  and  is  using  such  patented  invention,  a  fair  compensation 


8 

6  shall  l>e  awarded  for  sucli  oppfopiiatiou  aii<l  use,  the  a^ard  to 

7  1)0  in  proportion  to  the  extent  ond  value  of  it^  use  to  the  p:ov- 

8  ernment,   such  award  to  he   de'cermined  by  a  majority  of  the 

9  board  of  examining  officers,  and  approved  by  the  President, 

1  Sec.  12.  The  operations  of  the  corps  hereby  organized,  shall 

2  be,  when  in  the  limits  of  the  Confedorato  States,  under  thecon- 

3  trol  of  the  commander   of  the  department  where  they  may  be 

4  designed  to  act,  as  to  the  proper  time  and  place  for  such  action. 

1  Sec.  13.  All  bounties  and  awards  authorised  to  be  paid  under 

2  the  provisians  of  this  Act,  sliall  be  paid  in  the  currency  of  the 

3  Confederate  States,   if  the   claimant  sliali  so  elect,  in  lieu  of 

4  bonds,  as  heretofore  provided  for  in  pievious  acts. 

1  Sec.  14,  It  is  hereby  expressly  declared    that   the  right  of 

2  compensation  for  any  uevv  invontioii  oi-  contrivance,  or  the  ap- 

3  plication   thereof,  shall  bo  in  no  wise  invalidated  by  reason  of 

4  the  inventor  being  in  the  service  of  the  Confederate  States, 

1  Sec.  15.  All  the  accounts  and  claims,   settled    and   pending, 

2  and  all  information  necessary  to  the  effective  organization  of 

3  the  bureau   and  service,  in  possession  of  the  different  iepart- 

4  ments,  shall  be  turned  over  to  the  secret  service    bureau   for 

5  proper  arrangement  and  classification,   to  afford  the  necessary 

6  information  for  the  settlement  of  claims  and  for  the  continu- 

7  ance  of  the    service  which  is  now  being  performed ;  subject, 

8  however,  to  the  decision  of  the  President,  as  to  what  service 

9  and  business  of  this  character  shall  be  placed  under  the  control 

10  of  the  secret  service  bureau. 


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